Employee and Employer Contributions
In this type of 401(k) plan, both the employee and employer typically make contributions. These amounts can be divided in a number of ways, but it’s essential to distinguish between:
- Employee elective deferrals (fully owned by the employee)
- Employer matching or profit-sharing contributions (some may be subject to vesting)
During divorce, only vested funds can usually be divided through a QDRO. Make sure the QDRO clearly specifies whether the division is to include just vested amounts as of the date of the order, or whether it includes gains, losses, and future vesting.

